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A NDSC ruling in favor of the SBOHE could benefit all Higher Ed.


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Posted
  On 2/17/2012 at 10:22 PM, PhillySioux said:

Tremendous power grab? Choosing a nickname is a tremendous power grab? ND's executive is one of the constitutionally weakest in the country, if not THE weakest. Cripes, its illegal for the Governor to even threaten a veto. .

Not to go off topic, but I find that interesting. Was it changed after the Wild Bill Langer days?

Posted
  On 2/17/2012 at 10:32 PM, Benny Baker said:
Absolutely. In fact, it is so tremendous that the SBHE has filed a lawsuit directly to our state's highest court in order to retire that very nickname, which is what you want, isn't it?

The "tremendous power grab" of which you complain was launched by Clueless Al. The Board is merely trying to defend its constitutional turf.

Posted
  On 2/17/2012 at 10:34 PM, Hayduke said:

Not to go off topic, but I find that interesting. Was it changed after the Wild Bill Langer days?

I dont know when, it is in the constitution that a Governor cannot "Menace" the legislature with his veto power.

Posted
  On 2/17/2012 at 10:19 PM, darell1976 said:

What happened to that??

Darrell: From what I am reading, they are still challenging the constitutionality of Carlson's law.

  On 2/17/2012 at 10:21 PM, The Sicatoka said:

Could they be referencing a "contracts clause" challenge to the proposed state constitutional amendment process?

Or if the NDSC rules that the first law didn't exist and correspondingly the second law didn't exist, there's nothing to vote on in June.

Or both?

I don't think there is a "contracts clause" arguement that is applicable to this case.

As for you second point, and without trying to be post repetitive, the Repeal Law has substance beyond the repeal-->namely, the 3-year waiting period.

Time will shake all this out for us I guess . . .

Posted
  On 2/17/2012 at 10:37 PM, ScottM said:

The "tremendous power grab" of which you complain was launched by Clueless Al. The Board is merely trying to defend its constitutional turf.

Yup, the argument goes both ways depending on whether one's views side with the legislature or executive branch. It would be a bit naive to say that this isn't tremendous when a lawsuit has been filled directly with the North Dakota Supreme Court. With that said, the Supreme Court has made it very clear that the SBHE has no lawmaking power and that the Board is an administrative body. You guys can cite the constitutional language all you want. But some of you really need to start reading the Supreme Court's case law (binding precedent) that is interpreting those very provisions.

Posted
  On 2/17/2012 at 10:43 PM, CAS4127 said:

Darrell: From what I am reading, they are still challenging the constitutionality of Carlson's law.

I don't think there is a "contracts clause" arguement that is applicable to this case.

As for you second point, and without trying to be post repetitive, the Repeal Law has substance beyond the repeal-->namely, the 3-year waiting period.

Time will shake all this out for us I guess . . .

if that whole thing is gone including the 3 year waiting period. UND IMO will have a new name and logo by the end of the year. They need a replacement quick before any more lawsuits or petitions. Which isn't good because any name will look good now to them.

Posted
  On 2/17/2012 at 10:43 PM, CAS4127 said:

As for you second point, and without trying to be post repetitive, the Repeal Law has substance beyond the repeal-->namely, the 3-year waiting period.

If Carlson's Folly is unconstitutional, the repeal would be unconstitutional as if you don't have the power to make, you don't have the power to unmake.

And if you have neither make nor unmake power, do you even have the power to put a hold on?

If they toss out all of both law there's nothing to vote on in June.

Posted
  On 2/17/2012 at 10:45 PM, The Sicatoka said:

If Carlson's Folly is unconstitutional, the repeal would be unconstitutional as if you don't have the power to make, you don't have the power to unmake.

And if you have neither make nor unmake power, do you even have the power to put a hold on?

I get what you are getting at . . . and I am not sure!! If you think about it, even the repeal law will likely be unconstitutional if Carlson's law is found to be, given that the repeal law is telling UND it has to wait 3 years. If the legislature can't tell you to keep the nickname, it can't tell you to wait 3 years before adopting another one.

Bottomline-->I need to see the filings.

Peace out ss.com!!!

Posted
  On 2/17/2012 at 10:49 PM, CAS4127 said:

I get what you are getting at . . . and I am not sure!! If you think about it, even the repeal law will likely be unconstitutional if Carlson's law is found to be, given that the repeal law is telling UND it has to wait 3 years. If the legislature can't tell you to keep the nickname, it can't tell you to wait 3 years before adopting another one.

Bottomline-->I need to see the filings.

Peace out ss.com!!!

Filings?

http://legacy.grandforksherald.com/pdfs/Brief%20in%20Support%20of%20Application%20for%20Writ%20of%20Injunction%20Under%20Original%20Jurisdiction%20-%20UND%20Sioux%20Nickname%20Referral.pdf

Posted

"if that whole thing is gone including the 3 year waiting period. UND IMO will have a new name and logo by the end of the year. They need a replacement quick before any more lawsuits or petitions. Which isn't good because any name will look good now to them. "

this is how UND Admin. has corrupted the minds of cowards

Posted
  On 2/17/2012 at 11:06 PM, Fetch said:

"if that whole thing is gone including the 3 year waiting period. UND IMO will have a new name and logo by the end of the year. They need a replacement quick before any more lawsuits or petitions. Which isn't good because any name will look good now to them. "

this is how UND Admin. has corrupted the minds of cowards

It took Central less than 3 years to pick a new name and that was with minor protesting. No lawsuits no petitions, and no new state laws.

Posted

yeah & I knew the cowards involved in all that too

This is all a part of "cultural diversity" a imaginary wants & needs & wishful thinking of the academics

Posted
  On 2/17/2012 at 10:49 PM, CAS4127 said:

I get what you are getting at . . . and I am not sure!! If you think about it, even the repeal law will likely be unconstitutional if Carlson's law is found to be, given that the repeal law is telling UND it has to wait 3 years. If the legislature can't tell you to keep the nickname, it can't tell you to wait 3 years before adopting another one.

I'd say I was pretty close with my assumption that the SBoHE was going after the whole process meaning Carlson's Folly was unconstitutional, as is the repeal of it (all aspects, meaning repeal of the Folly and the cooling-off period). Going after the June election seems unnecessary: If the law in question on the June ballot is unconstitutional, why vote on something that'll be stricken down immediately, other than to save the money on the election process.

Posted
  On 2/22/2012 at 11:28 PM, PhillySioux said:

They can file a brief and argue.

And still lose their asses. You have to imagine Al Jaeger's office will be very, very careful about certifying any petitions as required by law.

  • 3 weeks later...
  • 2 weeks later...
Posted
  On 3/22/2012 at 4:13 PM, NDSioux11 said:

thought there was going to be a ruling on this issue on March 15th. Wondering if anyone has any info on this case to date?

Ruling? No.

March 15 was the date that oral arguments were given before the Court.

No date for a ruling was given. I'm speculating that it'll be before June ballots would to do the printer.

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